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Have you received a requisition from the Supreme Court?

If you have lodged an application for probate using the Supreme Court Probate Online Application and received a requisition, we can assist you with providing a speedy response.

Simply email to us a copy of the requisition and a copy of the affidavit that you filed and we will prepare the necessary documents.  A standard fee of $440 applies unless it is a more complicated matter (in which case we will provide you with an estimate of the fees before taking any further action).

Here’s how to answser a probate requisition

Examples of common requisitions (and how to answer them) are set out below:

“Institute Executor must be cleared off”
 
This might occur, for example, where the will says: “If my (wife) survives me by 30 days I appoint her as the Executor of my will but if she does not so survive me I appoint my son John Smith”.
The affidavit in response should say:
“By the said will, the Deceased appointed his wife (Name of wife) as the Executor if she survived him by thirty days. The said (name of wife) died on the ___ day of ____.”
In the event of the said (name of wife) not surviving the Deceased by 30 days, he appointed myself, the deponent as the executor.”
“An affidavit of due execution of the witness(es) is required to be filed.”
This can arise in a variety of circumstances, for example:
  1. If there is not a proper attestation clause (an attestation clause is the clause at the end of the will that says that the Will maker signed the will in the presence of two witnesses who were both present at the time the will was signed by all of them);
  2. If a different coloured pen has been used by one of the witnesses or the will maker (thereby raising the possibility that all three persons were not present at the time the will was signed);
  3. If all pages of the will have not be signed and witnessed by all three persons.

The affidavit of the witness should be to the following effect (modified to the circumstances):

  1. I am one of the subscribing witnesses to the last will and testament of the said (DECEASED’S NAME) late of (Deceased’s address), deceased, bearing date the ___ day of _____, 19___ (date of the will) , and produced and shown to me and marked ‘A’.
  2. The said testator executed the said will on the day of the date thereof, by signing his/her name at the foot or end thereof, as the same now appears thereon, in the presence of me and of ________________ the other subscribed witness thereto, both of us being present at the same time and we thereupon attested and subscribed the said will in the presence of the said testator.”
  3. (Add, for example, to address example 1 above: “I note that my signature is signed using a blue pen, whereas the other witness and the Deceased have signed using a black pen. This occurred because I used my own pen at the time and not the pen used by the Deceased and the other witness.
“Different name in the will and the death certificate or on a bank account”
 
This is quite a common occurrence. Sometimes: there is simply a typographical error in the spelling of the name in either the will or the death certificate. On other occasions, the Deceased may have used an English spelling version of their name in the will (“Joe Puccini” instead of “Giuseppe Puccini”) but their full proper name on the certificate of title to the property. See also Rule 11 of the Non Contentious Probate Rules: Rule 11 NCP
The affidavit would state (modify as required):
  1. The true and correct name of the Deceased is (Name of deceased) as appears in the death certificate (or in the will , if applicable).
  2. The Deceased commonly used the name as appears in the will and is the holder of a bank account with the Commonwealth Bank in that name.
  3. I pray that any grant issue in the name_____________ (put in the name that is legally correct, but if the Deceased has assets in different names, for example a bank account in one version of their name but property in another then use para 4 below instead of paragraphs 2 and/or 3);
  4. The Deceased was registered as the owner of the property contained in Certificate of Title Vol 123 Folio 456 (insert correct title details) using the name (insert Deceased’s full name as appears on the certificate of title). I pray that any grant issue in both the Deceased’s names JOE PUCCINI also known as GIUSEPPE PUCCINI.”